FMCSA investigation due to ELD violations? What to expect?

Discussion in 'Trucking Industry Regulations' started by dztruck, Apr 27, 2021.

  1. Wasted Thyme

    Wasted Thyme Road Train Member

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    He's got another post going. He got put oos.
     
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  3. roundhouse

    roundhouse Road Train Member

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    Was that roadside inspections ?

    or a random office audit ?

    If you routinely violate the 11 or 14 hour regs and get cited for it at a roadside inspection, you need to trip plan better ,
    And multiple violations will get you under the microscope. That’s the whole point.

    Either way you need to be prepared to get cited or fined some more when they run it through their automated algorithm and find all of the violations.



    You need to get a old truck so you can use the paper logs.
    Or just cut back on working so hard.
    You’re gonna get burned out from working that hard .

    This is the type of thing that the ELDs were expressly mandated for, to catch the drivers and companies that routinely violate the HoS .

    a violation here and there isn’t a big deal, like the post where the guy driving a day cab had a steer tire blow and went over the 14 hour by 15 or 20 minutes to get to a motel after the tire repair . In a case like that you just make sure you keep a copy of the receipt for the roadside repair and a copy of the motel check in receipt to show the auditor that you indeed had a breakdown and were stranded on the shoulder once repairs were made you stopped at the first available location that was safe to park.

    in your case you’re making it sound like it’s a routine thing , possibly several times a month or maybe several violations a week.

    you’re correct in looking for advice on how to handle an audit that’s likely going to reveal multiple violations, maybe someone will chime in with some advice. I don’t have any experience with it , maybe OOIDA might have some articles on how to survive an audit that will likely reveal multiple routine violations.
     
    Last edited: Apr 28, 2021
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  4. wichris

    wichris Road Train Member

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    If it's just an HOS audit they will want the data file. They will pick 20-30 days, more than 10% major (falsification) will get you fines and a possible conditional rating. Most likely if it's in house they will go over the DQ/D&A files.
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    Well the fmcsa can suspend your authority for known abuses, which sounds like should happen.

    what isn’t mentioned is this, when you have this issue, you either reach out to someone to get your crap together which a also means to have a written plan to show the fmcsa how you are addressing the problem, or you just deal with their fines and involvement.

    Either way, if you are being out oos for log violations, you need to make better decisions and learn about time management.
     
  6. dztruck

    dztruck Light Load Member

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    I didnt get put oos. I havent done the safety audit yet
     
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  7. xsetra

    xsetra Road Train Member

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    Is it possible you could have logged PC for those miles getting home, Instead of using on duty driving?

    There are companies around that you hire to audit your records. They can help structure your records. Just search the internet.
    Good luck.
     
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  8. little cat 500

    little cat 500 Road Train Member

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    Drive a Elog free truck problem solved
     
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  9. ZVar

    ZVar Road Train Member

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    No, as it's not a valid use of pc. Which might be what got him in trouble.
     
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  10. dztruck

    dztruck Light Load Member

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    Yeah i admit ive been pushing it. Probably gonna stop working so hard. I actually have local work, but sometimes when theres those high paying loads i jump on it. I also heard if you drive local inside a 150 mile radius you don’t need elogs at all and can go back to paper.

    we’ll see what comes of this audit, if its a small fine i’ll pay it because i did break the law. I just dont want them shutting me down or putting a bad safety record on my company which could hurt my future bookings.
     
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  11. lester

    lester Midwest's #1 Feed Hauler

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    No you got put out of service on the road. For eld violations. Numerous times. Thats how fmcsa got involved
     
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